The office of zoning administrator is hereby established. The zoning administrator shall be appointed by the township board and shall serve at its pleasure. He shall receive such compensation as the township board may, from time to time, determine. The zoning administrator may also serve in some other capacity as an employee or appointed officer of the township. He shall administer the provisions of this chapter and shall have all administrative powers in connection therewith which are not specifically assigned to some other officer or body. He shall have no power to vary or waive the requirements of this chapter.

(Comp. Ords. 1988, § 15.580)

Cross reference— Officers and employees, § 2-61 et seq.

State Law reference— Officers and employees, MCL 125.275.

(a)

No land use shall be commenced or changed and no structure shall be erected or enlarged until the person conducting such use or erecting or enlarging such structure has obtained a zoning compliance permit from the zoning administrator. The zoning administrator shall issue such permit upon the furnishing in writing, over the signature of the applicant, of such information as may be necessary to establish that the proposed use, structure or addition is in full compliance with all provisions of this chapter, a finding by the zoning administrator that such is the case and payment of a permit fee in accordance with a fee schedule as may be set from time to time by the township board.

(b)

No zoning compliance permit shall be issued where it appears that any land area required to conform to any provision of this chapter is also required as a part of any adjoining property to keep the development or use thereof in conformity with this chapter, or to keep it from becoming more nonconforming, if such land area was, at any time subsequent to the start of development or use of such adjoining property, in common ownership with such adjoining property.

(c)

Any zoning compliance permit based on any material false statement in the application or supporting documents is absolutely void ab initio and shall be revoked.

(d)

No zoning compliance permit shall remain valid if the use or structure it authorizes becomes nonconforming.

(Comp. Ords. 1988, § 15.581)

(a)

No permanent certificate of occupancy shall be issued under the building code of the township until all requirements of this chapter have been met. A temporary certificate may be issued under circumstances where expressly permitted by this chapter.

(b)

All certificates of occupancy issued by the building inspector shall also bear the signature of the zoning administrator certifying that all requirements of this chapter have in fact been met and that he has made a field inspection to ascertain that all requirements of this chapter have been met.

(c)

In cases where certificates of occupancy are not required under the building code, the zoning administrator shall nevertheless issue a certificate of occupancy for zoning purposes certifying that the structure or use has been established or erected in compliance with the terms of the zoning compliance permit and/or approved site plan.

(Comp. Ords. 1988, § 15.582)

The zoning administrator shall keep in his office a book, to be known as the special zoning orders book, in which he shall list, with a brief description, all variances, conditional use permits, authorizations for planned unit developments, and designations of class A nonconformance and any terminations of any of them. Each item shall be assigned a number when entered. The zoning administrator shall also keep a map of the township, to be known as the special zoning orders map, on which he shall record the numbers in the special zoning orders book to indicate the locations affected by the items in the book. The special zoning orders book and map shall be open to public inspection.

(Comp. Ords. 1988, § 15.583)

The zoning administrator may issue a permit for the temporary placement of a mobile home as a temporary residence during the actual construction of a permanent dwelling, or temporary placement of a mobile home or similar structure as a temporary construction office, subject to the following:

(1)

Any temporary structure to be used for dwelling purposes shall be of a type and quality conforming to the Mobile Home Construction and Safety Standards as promulgated by the United States Department of Housing and Urban Development, being 24 CFR 3280, as amended, and shall bear the federal seal attesting to conformance with such standards. In addition, all dwellings shall meet or exceed all applicable roof snow loads and strength requirements. No temporary dwelling shall be occupied until the dwelling has been connected to a suitable source of potable water and sewage disposal facilities, both of which shall be approved by the county health department. The initial permit period shall not exceed 12 months and shall be concurrent with a valid building permit for a permanent structure. Not more than one extension, not to exceed three months, may be granted where substantial progress toward completion of the permanent structure is being demonstrated.

(2)

A cash or surety performance guarantee shall be deposited with the township clerk, in an amount established by resolution of the township board, to ensure removal of the temporary unit upon expiration of the temporary permit. Failure to complete construction of the permanent structure within the time limits specified in the building permit and this section shall be sufficient grounds for the township board to declare the performance guarantee forfeited and use the proceeds as necessary.

(3)

In the event of total loss of a dwelling due to fire, tornado, or similar natural disaster, the zoning administrator may approve the temporary placement of a mobile home on the owner's property for use as a residence while the dwelling is being replaced, subject to the following:

a.

A building permit for repair or replacement of the permanent residence must be obtained prior to the placement of the temporary unit.

b.

The initial permit period for the temporary residence shall not exceed six months and not more than two extensions of three months each may be granted by the zoning administrator.

c.

A cash or surety performance guarantee shall be deposited with the township clerk, as required by subsection (2) of this section, and subject to the same limitations and conditions, to ensure removal of the temporary dwelling unit upon expiration of the temporary permit.

(Comp. Ords. 1988, § 15.584)

(a)

All applications for building permits and zoning compliance permits as specified in subsection (b) of this section shall be accompanied by plans and specifications including a site plan, in triplicate, drawn to scale, showing the following:

(1)

The actual shape, location, and dimensions of the lot.

(2)

The shape, size, and location of all buildings or other structures to be erected, altered, or moved and of any building or other structures already on the lot.

(3)

The existing and intended use of the lot and of all such structures upon it, including, in residential areas, the number of dwelling units the building is intended to accommodate.

(4)

Such other information concerning the lot or adjoining lots as may be essential for determining whether the provisions of this chapter are being served.

(b)

This section shall apply only to those uses exempted from the provisions of section 30-38, pertaining to site plan approval requirements. For all other uses, no permits shall be issued until the site plan has been approved in accordance with section 30-38.

(Comp. Ords. 1988, § 15.585)

(a)

To ensure compliance with this chapter and any conditions imposed thereunder, the township board, after recommendation from the township planning commission and the township engineer, may require that a cash deposit, certified check, irrevocable bank letter of credit, or surety bond acceptable to the township covering the estimated cost of improvements associated with a project for which site plan approval is sought be deposited with the township clerk to ensure faithful completion of the improvements. The performance guarantee shall be deposited at the time of the issuance of the permit authorizing the activity or project. The township may not require the deposit of the performance guarantee prior to the time when the township is prepared to issue the permit. The township shall establish procedures whereby a rebate of any cash deposits in reasonable proportion to the ratio of work completed on the required improvements will be made as work progresses.

(b)

This section shall not be applicable to improvements for which a cash deposit, certified check, irrevocable bank letter of credit, or surety bond has been deposited pursuant to Public Act No. 288 of 1967 (MCL 560.101 et seq.).

(c)

As used in this section, the term "improvements" means those features and actions associated with a project which are considered necessary by the body or official granting zoning approval to protect natural resources or the health, safety, and welfare of the residents of the township and future users or inhabitants of the proposed project or project area, including roadways, lighting, utilities, sidewalks, screening, and drainage. The term "improvements" does not include the entire project which is the subject of zoning approval.

(Comp. Ords. 1988, § 15.586)

(a)

Intent.

(1)

Since zoning regulations have substantial bearing on other public and private actions, such as the provision of roads, sewers and water mains, it is necessary, prior to the development of any substantial project, for township officials to know the full extent and nature of the developer's plans. To require the submission and approval of a site plan is a means available for township officials to determine whether or not the provisions of this chapter are being complied with, whether or not the buildings can be served by sewer lines and other public utilities, how the proposed development relates to nearby land uses, whether the proposed curb cuts will have an adverse effect on the serviceability of public roads and other similar necessary information.

(2)

The site plan approval process offers an opportunity for all public officials, utility companies and the developer to obtain a clear understanding of what is to be done before the project is started, and therefore is recognized as a sound procedure to ensure the advancement of the public interest.

(3)

All land uses shall be subject to the site plan approval requirements of this chapter except the lawful construction, alteration and occupancy of farm buildings, single- or two-family dwellings, and accessory buildings or structures except as otherwise provided by this chapter.

(b)

Site plan required.

(1)

No person shall commence any use or erect any building or structure without first obtaining the approval of a site plan by the planning commission as set forth in this chapter. No use shall be carried on, no building or structure shall be erected or expanded and no other improvement or construction shall be undertaken except as shown upon an approved site plan.

(2)

No certificate of occupancy shall be granted until all improvements shown on an approved site plan have been completed in accordance therewith; provided that, upon a finding by the building inspector that certain improvements cannot be completed due to seasonal or other factors beyond the control of the developer and that temporary occupancy prior to completion will involve no health or safety hazard, he may issue a temporary certificate of occupancy bearing an expiration date, which date shall allow a reasonable time for completion.

(3)

A performance or surety bond may be required by the planning commission under the provisions of section 30-37 to ensure completion of all required improvements.

(4)

No action or inaction by the township in respect to any required improvement shall serve to extend the time of validity of any temporary certificate of occupancy or excuse any violation of this chapter. A temporary certificate of occupancy may, however, be extended in time, and from time to time, for good cause shown, and any such extension shall serve to extend, for the same period, the time for completion of the required site improvements.

(c)

Form of site plan; required information. Every site plan shall be submitted to the zoning administrator in ten identical copies and shall include the following:

(1)

A scale of not less than one inch equals 20 feet if the subject property is less than three acres and one inch equals 100 feet if three acres or more.

(2)

The boundary lines of the area, including angles, dimensions and reference to a section corner, quarter corner or point on a recorded plat, an arrow pointing north and the lot area of the land included in the site plan.

(3)

Existing and proposed grades and an indication of the method of handling surface drainage.

(4)

The shape, size, location, height and floor area of all structures, the floor area and ground coverage ratios and the finished ground and basement floor grades.

(5)

Natural features such as woodlots, streams and lakes or ponds, and manmade features such as existing roads and structures, with an indication as to which are to be retained and which removed or altered. Adjacent properties and their uses shall be identified.

(6)

Proposed streets, driveways, parking spaces, landing spaces and sidewalks, with an indication of the direction of travel for one-way streets and drives and inside radii of all curves. The width of streets, driveways and sidewalks and the total number of parking spaces shall be shown.

(7)

The size and location of all existing and proposed public and private utilities and required landscaping.

(8)

A vicinity sketch showing the location of the site in relation to the surrounding street system.

(9)

A legal description of the land, and the name, address and telephone number of the owner, developer and designer.

(10)

Any other information necessary to establish compliance with this chapter and other ordinances or the availability of adequate utility capacity.

(d)

Review procedure.

(1)

Upon receipt of any site plan, the zoning administrator shall review it to determine whether it contains the required information, complies with the applicable township ordinances and demonstrates the adequacy of utility service.

(2)

Within ten business days following submission of the site plan, the zoning administrator shall give preliminary approval or disapproval on such site plan based on the criteria stated in this section and notify the applicant of his recommendation in writing. This notification shall include any changes or modifications in the proposed site plan as are needed to achieve conformity with the standards specified in this chapter. The applicant may appeal any such denial to the planning commission.

(3)

Upon receipt of the site plan from the zoning administrator, the planning commission shall give final approval based upon the following standards:

a.

Traffic and pedestrian safety. Driveways and driveway entrances and exits shall be so located with relation to the public streets affording access to the site, and with relation to any nearby intersecting streets, alleys or private driveways affording access to adjacent properties, and with relation to principal buildings and the accessory buildings on the site, as to minimize traffic congestion and danger to safety. In applying this standard, the planning commission shall consider, among other things, safe routes for pedestrian traffic, particularly children, the general character and intensity of traffic on the public streets affording access to the site and the requirements of the county road commission and the state department of highways.

b.

Minimization of adverse effects upon adjacent properties. The principal buildings and/or structures and any accessory building or structure, parking areas, driveways and service areas shall be so located with relation to adjacent properties as to minimize the possibility of adverse effects upon adjacent properties. In applying this standard, the planning commission shall consider, among other things, the existing and probably future development of adjacent properties, the minimization of such detrimental influences as noise and lighting glare, and the enclosing or shielding of garbage storage areas by means of fencing, walls or shrubbery in order to minimize detrimental effects upon such adjacent properties.

(e)

Additions, deletion, and revisions.

(1)

Existing or proposed developments which have received approval from the planning commission and/or township board as required in this section shall not be changed unless the proposed revisions are approved as originally required, except as provided in paragraph (2) below.

(2)

Administrative approval of minor addition(s), deletion(s), and revision(s) under sections 30-36 and 30-38. Planning commission and/or township board review and approval may be waived and the site plan approved by the chairperson of the planning commission when, in his determination and the concurring determination of the township planner and zoning administrator, the expansion of use, change in use, or change in site characteristics will not involve changes substantial enough to warrant renewed planning commission and/or township board review. A written memorandum documenting this decision shall be prepared by the township planner and signed by the chairperson of the planning commission, zoning administrator and the township planner. A copy of the decision of administrative approval shall be provided to the planning commission and/or township board as is appropriate to the case.

(3)

The provision shall apply to the specific improvements depicted on the approved site plan, such as but not limited to the following:

a.

Principal and/or accessory buildings or structures, including swimming pools.

b.

Parking lots and service drives.

c.

Rubbish pickup areas.

(f)

Appeals and questions of interpretation. Any persons considering themselves aggrieved by the decision of the planning commission in granting or denying the site plan approval shall have the right to appeal the decision to the zoning board of appeals. The appeal must be filed with the township clerk within ten days of the decision by the planning commission. Appeals of decisions of the zoning board of appeals shall be taken to the court of competent jurisdiction.

(g)

Fees. Reasonable fees may be established by the township board to be paid upon filing of a site plan for review. The purpose of the fees is to cover the cost of meetings, notices, consultants, staff, and other expenses associated with the review of the site plan. Unused portions of the fee shall be returned to the applicant after a reasonable time established by the township board.

(h)

Lapse of site plan approval. If no building permit has been issued within one year of the date of final site plan approval, the approval shall be deemed to have lapsed. In cases where preliminary or tentative approval of a site plan has been given, such approval shall lapse if final site plan approval has not been obtained within one year of the date of preliminary or tentative approval. The planning commission, upon written application and upon a showing of good cause, may grant up to two extensions of up to six months each for preliminary, tentative, or final approval, provided that application for an extension is made prior to the lapse of approval.

(Comp. Ords. 1988, § 15.587; Ord. No. 142, art. 1, 5-16-2005; Ord. No. 146, 1-21-2008)

State Law reference— Site plan, MCL 125.286.

The township planning commission is hereby designated as the commission specified in section 11 of Public Act No. 168 of 1959 (MCL 125.331) and shall perform the zoning duties of such commission as provided in the statute in connection with the amendment of this chapter.

(Comp. Ords. 1988, § 15.675)

Cross reference— Boards and commissions, § 2-151 et seq.

(a)

Violations declared nuisance. Any building or structure which is erected, altered or convened or any use of premises or land which is begun or changed subsequent to the time of passage of the ordinance from which this chapter is derived and in violation of any of the provisions of this chapter is hereby declared to be a public nuisance per se, and may be abated by order of any court of competent jurisdiction.

State Law reference— Similar provisions, MCL 125.294.

(b)

Penalty. The owner of any building, structure or premises or part thereof where any condition in violation of this chapter shall exist or shall be created, and who has assisted knowingly in the commission of such violation, shall be guilty of a misdemeanor, and upon conviction thereof shall be subject to the penalties prescribed in section 1-7.

(c)

Rights and remedies cumulative. The rights and remedies provided in this section are cumulative and in addition to any other remedies provided by law.

(Comp. Ords. 1988, §§ 15.831, 15.832, 15.834)

Minor temporary uses of land, structures, or combination of land and structures for temporary uses, as defined in section 30-3 of this chapter, when located in an appropriately zoned area, and whose nature, scope, scale, and method of operation are unlikely to significantly impact adjacent land uses, such as, but not limited to, Christmas tree sales lots, seasonal sales, tent sales, holiday sales, on-site events or festivals of a house of worship, school, or nonprofit organization, and the like, may be approved by the zoning administrator with an annual or single-use, non-renewable permit issued, subject to the following and payment of a permit fee as may be established from time to time by the township board:

(1)

Adequate off-street parking shall be provided. There shall be no parking or activity permitted within the road right-of-way.

(2)

The applicant shall specify, in writing, the exact duration of the temporary use and its proposed hours of operation. The hours of operation shall be limited to specified hours which are consistent with the nature of the use and compatible with other activities on the site and adjacent parcels. If the applicant is not the owner of the property, the application shall also bear the signature of the owner of the property or his authorized agent.

(3)

All sanitary service, electrical lines and connections, and all other operations shall comply with all applicable township codes, ordinances and regulations, and any other applicable statutes, rules, or regulations of any governmental body having jurisdiction over the activity and any permits required shall be obtained by the applicant.

(4)

The township may require a performance guarantee, in the form of a cash deposit, to assure proper cleanup of the site.

(5)

The applicant shall provide a sketch plan illustrating the layout of the proposed temporary use, its various components on the site, and location and means of ingress and egress. The proposed plan shall be laid out so as to ensure safe vehicular and pedestrian circulation.

(6)

In addition to the above, the following conditions apply to specific temporary uses:

a.

Christmas tree sales.

1.

Maximum duration: 45 days.

2.

Location: In nonresidential zoning districts only.

3.

Cleanup: Stumps, branches, and other debris shall be completely removed from the site.

4.

Leftover trees shall be removed within one week after Christmas.

b.

Outdoor sale of produce, fruits, and vegetables, not otherwise permitted under section 30-509:

1.

Maximum duration: April 1 through October 31.

2.

Location: In nonresidential zoning districts only.

3.

Sale of manufactured goods shall not be permitted except for incidental "small batch" items such as: apple cider, jams, jellies, honey, pies, cakes, pastries, candies, and the like as are customarily offered in a farmer's market.

c.

Festival sponsored by a public or bona fide nonprofit organization:

1.

Maximum duration: 14 days, including setup and dismantling and removal.

2.

Location: Shall not be located in or adjacent to any developed residential area except when located on church, school, park, or bona fide nonprofit organization property.

d.

Seasonal sales, tent sales, holiday sales.

1.

Maximum duration: 30 days, including setup and dismantling and removal.

2.

Location: In nonresidential zoning districts only.

e.

Seasonal display and sale of lawn and garden supplies, related accessories, and flowers and plants.

1.

Maximum duration: April 1 through October 31, including setup, dismantling and removal.

2.

Location: In nonresidential zoning districts only.

(7)

For temporary uses which are authorized for administrative approval, but not specifically listed in subsection (6) above, the zoning administrator shall establish conditions which are reasonable, sufficient, and necessary to protect the public interest.

(8)

The following types of temporary uses are specifically excluded from consideration for approval under this section: concrete or asphalt batch plant, any type of temporary use involving any type of vehicle racing, off-road or all-terrain vehicle track, mud bog, and the like, and any temporary use that has unusual or peculiar characteristics that necessitate special safety considerations, or sanitary considerations, requires special crowd control measures, or involves any hazardous or dangerous materials.

(9)

Temporary uses not authorized for approval herein as minor temporary uses shall be subject to review and approval by the zoning board of appeals pursuant to section 30-65 of this chapter.

( Ord. No. 158 , art. 2, 2-16-2015)

(a)

Board established; composition. There is hereby established a board of appeals, which shall perform and exercise its powers as provided in Public Act No. 184 of 1943 (MCL 125.271 et seq.), and in such a way that the objectives of this chapter shall be observed, public safety secured, and substantial justice done. The board of appeals shall consist of the following five members appointed by the township board:

(1)

The first member of the board of appeals shall be a member of the township planning commission.

(2)

The remaining members of the board of appeals shall be selected from the electors of the township residing outside of incorporated cities and villages. The members selected shall be representative of the population distribution and of the various interests present in the township. One member may be a member of the township board. An elected officer of the township shall not serve as chairperson of the board of appeals. An employee or contractor of the township board may not serve as a member or an employee of the township board of appeals.

(3)

Terms shall be for three years, except for members serving because of their membership on the planning commission or township board, whose terms shall be limited to the time they are members of the planning commission or township board respectively, and the period stated in the resolution appointing them. When members are first appointed, the appointments may be for less than three years to provide for staggered terms. A successor shall be appointed not more than one month after the term of the preceding member has expired. Vacancies for unexpired terms shall be filled for the remainder of the term.

(4)

The township board may appoint not more than two alternate members for the same term as regular members to the board. The alternate member(s) has the same voting rights as a regular member of the board when serving. The alternative member appointed to a case shall serve in the case until a final decision is made. An alternate member may be called to serve as a regular member of the board if;

a.

The regular member is absent from or will be unable to attend two or more consecutive meetings of the board, or

b.

The regular member will be unable to attend meetings for a period of more than 30 consecutive days, or

c.

A regular member needs to abstain for reasons of conflict of interest.

(b)

Compensation of members. The total amount allowed the board of appeals in any one year as per diem or as expenses actually incurred in the discharge of its duties shall not exceed a reasonable sum, which sum shall be appropriated annually in advance by the township board.

(c)

Removal of members. Members of the board of appeals shall be removable by the township board for nonperformance of duty or misconduct in office upon written charges and after public hearing.

(d)

Conflict of interest. A member shall disqualify himself from a vote in which the member has a conflict of interest. Failure of a member to disqualify himself from a vote in which the member has a conflict of interest shall constitute misconduct in office.

(e)

Quorum. The township board of appeals shall not conduct business unless a majority of the members of the board is present.

(Comp. Ords. 1988, § 15.630; Ord. No. 146, 1-21-2008)

State Law reference— Similar provisions, MCL 125.288.

(a)

Meetings of the board of appeals shall be held at the call of the chairperson and at such other times as the board in its rules of procedure may specify. The chairperson, or in his absence the acting chairperson, may administer oaths and compel the attendance of witnesses. All meetings of the board of appeals shall be open to the public. The board shall maintain a record of its proceedings, which shall be filed in the office of the township clerk and shall be a public record.

(b)

The board of appeals may fix rules to govern its procedures.

(c)

The appeal may be taken by any person aggrieved or by any officer, department, board, or bureau of the township, county, or state.

(d)

Such appeal shall be taken within such time as shall be prescribed by the township board of appeals by general rule, by filing with the zoning administrator and with the board of appeals a notice of appeal specifying the grounds thereof. The zoning administrator shall forthwith transmit to the board all the papers constituting the record upon which the action appealed from was taken.

(e)

The township board of appeals shall fix a reasonable time for the hearing of the appeal, give due notice thereof to the parties, and decide the appeal within a reasonable time. At the hearing, a party may appear in person or by agent or by attorney.

(f)

The concurring vote of a majority of the members of the board of appeals shall be necessary to reverse an order, requirement, decision or determination of the zoning administrator or body from whom the appeal was taken, or to decide in favor of the applicant, any matter upon which it is required to pass or to effect any variation in this chapter.

(g)

The zoning board of appeals shall state in writing the grounds of each determination.

(h)

An appeal stays all proceedings in furtherance of the action appealed from unless the zoning administrator certifies to the township board of appeals after the notice of appeal shall have been filed with him that, by reason of facts stated in the certificate, a stay would in his opinion cause imminent peril to life or property, in which case proceedings shall not be stayed otherwise than by a restraining order, which may be granted by the board of appeals or by the circuit court, on application, on notice to the zoning administrator and on due cause shown.

(Comp. Ords. 1988, § 15.631)

State Law reference— Similar provisions, MCL 125.289—125.293.

The board of appeals shall have the following powers and areas of jurisdiction:

(1)

It shall hear and decide appeals from and review any order, requirements, decisions, or determination made by any administrative official or body charged with enforcement of this chapter.

(2)

It shall hear and decide all matters referred to it or upon which it is required to pass pursuant to this chapter.

(3)

With regard to special land use and planned unit development decisions, no appeal may be taken to the board of appeals except as otherwise provided in this chapter.

(4)

The township board of appeals shall act upon all questions as they may arise in the administration of this chapter, including the interpretation of the zoning maps.

(5)

The board of appeals may reverse or affirm, wholly or partly, or may modify the order, requirements, decision, or determination as in its opinion ought to be made, and to that end shall have all the powers of the zoning administrator or body from whom the appeal was taken and may issue or direct the issuance of a permit.

(6)

Where there are practical difficulties or unnecessary hardship in the way of carrying out the strict letter of this chapter, the board of appeals in passing upon appeals may vary or modify any of its rules or provisions so that the spirit of this chapter is observed, public safety secured, and substantial justice done.

(7)

The board of appeals may impose conditions with an affirmative decision. The conditions may include conditions necessary to ensure that public services and facilities affected by a proposed land use or activity will be capable of accommodating increased service and facility loads caused by the land use or activity, to protect the natural environment and conserve natural resources and energy, to ensure compatibility with adjacent uses of land, and to promote the use of land in a socially and economically desirable manner. Conditions imposed shall meet all of the following requirements:

a.

Be designed to protect natural resources and the health, safety, and welfare and the social and economic well-being of those who will use the land use or activity under consideration, residents and landowners immediately adjacent to the proposed land use or activity, and the community as a whole.

b.

Be related to the valid exercise of the police power, and purposes which are affected by the proposed use or activity.

c.

Be necessary to meet the intent and purpose of this chapter.

d.

Be related to the standards established in this chapter for the land use or activity under consideration, and be necessary to ensure compliance with those standards.

(Comp. Ords. 1988, § 15.632)

State Law reference— Similar provisions, MCL 125.290, 125.293.

(a)

No variance (see the definition in section 30-3) or modification of the provisions of this chapter shall be granted by the board of appeals unless it appears beyond a reasonable doubt that a literal enforcement of the provisions of this chapter would involve practical difficulties or unnecessary hardship and that all the following facts and conditions exist:

(1)

There are exceptional or extraordinary circumstances or conditions applicable to the property involved or to the intended use of the property that do not apply generally to other properties or classes of use in the same district or zone.

(2)

Such variance is necessary for the preservation and enjoyment of a substantial property right possessed by other property in the same zone and vicinity.

(3)

The granting of such variance or modification will not be materially detrimental to the public welfare or materially injurious to the property or improvements in such zone or district in which the property is located.

(4)

The granting of such variance will not adversely affect the purpose or objectives of the comprehensive plan of the township.

(b)

In consideration of all appeals and all proposed variations to this chapter, the board of appeals shall, before making any variations from this chapter in a specific case, first determine that the proposed variation will not impair an adequate supply of light and air to adjacent property, or unreasonably diminish or impair established property values within the surrounding area, or in any other respect impair the public health, safety, comfort, morals, or welfare of the inhabitants of the township.

(c)

Nothing contained in this section shall be construed to give or grant to the board of appeals the power or authority to alter or change this chapter or the official zoning map, such power and authority being reserved to the township board in the manner provided by law.

(Comp. Ords. 1988, § 15.633)

The board of appeals may permit, upon proper application, temporary uses (excepting those types and classes of temporary uses for which approval authority has been granted by this chapter to the zoning administrator), which do not require the erection of any capital improvements of a structural nature, not otherwise permitted in any district, not to exceed 12 months, with the granting of 12-month extensions being permissible. The board of appeals, in granting permits for such temporary uses, shall do so under the following conditions:

(1)

The granting of the temporary use shall in no way constitute a change in the basic uses permitted in the district or on the property wherein the temporary use is permitted.

(2)

The granting of the temporary use shall be granted in writing, stipulating all conditions as to time, nature of development permitted and arrangements for removing the use at the termination of the temporary permit.

(3)

All setbacks, land coverage, off-street parking, lighting and other requirements to be considered in protecting the public health, safety, peace, morals, comfort, convenience and general welfare of the inhabitants of the township shall be made at the discretion of the board of appeals.

(4)

In classifying uses not requiring capital improvement, the board of appeals shall determine that they are either demountable structures related to the permitted use of the land; recreation developments such as but not limited to golf driving ranges and outdoor archery courts; or structures which do not require foundations, heating systems or sanitary connections.

(5)

The use shall be in harmony with the general character of the district.

(6)

No temporary use permit shall be granted without first giving notice to owners of adjacent property of the time and place of a public hearing to be held as further provided for in this chapter.

(Comp. Ords. 1988, § 15.634; Ord. No. 158 , art. 1, 2-16-2015)

(a)

Decisions of the board of appeals shall be final. However, a person having an interest affected by this chapter may appeal to the circuit court. Upon appeal, the circuit court shall review the record and decision of the board of appeals to ensure that the decision:

(1)

Complies with the constitution and laws of the state.

(2)

Is based upon proper procedure.

(3)

Is supported by competent material and substantial evidence on the record.

(4)

Represents the reasonable exercise of discretion granted by law to the board of appeals.

(b)

If the court finds the record of the board of appeals inadequate to make the review required by this section, or that there is additional evidence which is material and with good reason was not presented to the board of appeals, the court shall order further proceedings before the board of appeals on conditions which the court considers proper. The board of appeals may modify its findings and decision as a result of the new proceedings, or may affirm its original decision. The supplementary record and decision shall be filed with the court.

(c)

As a result of the review required by this section, the court may affirm, reverse, or modify the decision of the board of appeals.

(Comp. Ords. 1988, § 15.635)

State Law reference— Similar provisions, MCL 125.293a.

(a)

No order of the board of appeals permitting the erection or alteration of a building shall be valid for a period longer than one year, unless a building permit for such erection or alteration is obtained within such period and such erection or alteration is started and proceeds to completion in accordance with the terms of such permit. The board of appeals, upon written application and upon a showing of good cause, may grant up to two extensions of up to six months each for the starting of and/or the completion of construction, provided that application for an extension is made prior to the lapse of approval.

(b)

No order of the board of appeals permitting a use of a building or premises shall be valid for a period longer than one year unless such use is established within such period; provided, however, that where such use permitted is dependent upon the erection or alteration of a building, such order shall continue in force and effect if a building permit for the erection or alteration is obtained within such period and such erection or alteration is started and proceeds to completion in accordance with the terms of such permit. The board of appeals, upon written application and upon a showing of good cause, may grant up to two extensions of up to six months each for the establishment of such use, the starting of construction, and/or the completion of construction, provided that application for an extension is made prior to the lapse of approval.

(Comp. Ords. 1988, § 15.636; Ord. No. 142, arts. 2, 3, 5-16-2005)

(a)

The board of appeals shall make no recommendation except in a specific case and after a hearing conducted by the board. A written notice of the time and place of such hearing shall be mailed to the owners of all lots or parcels of land, or portion thereof, lying within 300 feet of the property in question. Such notice shall be served not less than 15 days prior to the date of the hearing.

(b)

Public notices regarding the time and place of regular and special meetings of the board of appeals shall comply with the open meetings act, Public Act No. 267 of 1976 (MCL 15.261 et seq.).

(Comp. Ords. 1988, § 15.637; Ord. No. 146, 1-21-2008)

The township board may from time to time set a reasonable schedule of fees to be charged to applicants for appeals to the zoning board of appeals. A fee shall be paid to the township clerk at the time the notice of appeal is filed.

(Comp. Ords. 1988, § 15.638)